Section 390 IPC: Robbery
Indian Penal Code, 1860
Section 390 IPC at a Glance
Section 390 IPC deals with robbery. From 1 July 2024 it is replaced by Section 309 BNS.
None. Section 390 IPC defines robbery and prescribes no penalty of its own. Robbery is punished under Section 392 IPC, or under Section 393 and Section 394 IPC for attempt or voluntarily causing hurt.
Section 390 IPC Bare Act Text
390. Robbery
In all robbery there is either theft or extortion.
When theft is robbery.—Theft is “robbery” if, in order to the committing of the theft, or in committing the theft, or in carrying away or attempting to carry away property obtained by the theft, the offender, for that end voluntarily causes or attempts to cause to any person death or hurt or wrongful restraint, or fear of instant death or of instant hurt, or of instant wrongful restraint.
When extortion is robbery.—Extortion is “robbery” if the offender, at the time of committing the extortion, is in the presence of the person put in fear, and commits the extortion by putting that person in fear of instant death, of instant hurt, or of instant wrongful restraint to that person or to some other person, and, by so putting in fear, induces the person so put in fear then and there to deliver up the thing extorted.
ExplanationThe offender is said to be present if he is sufficiently near to put the other person in fear of instant death, of instant hurt, or of instant wrongful restraint.
Illustrations(a) A holds Z down, and fraudulently takes Z's money and jewels from Z's clothes, without Z's consent. Here A has committed theft, and, in order to the committing of that theft, has voluntarily caused wrongful restraint to Z. A has therefore committed robbery.
(b) A meets Z on the high road, shows a pistol, and demands Z's purse. Z, in consequence, surrenders his purse. Here A has extorted the purse from Z by putting him in fear of instant hurt, and being at the time of committing the extortion in his presence. A has therefore committed robbery.
(c) A meets Z and Z's child on the high road. A takes the child, and threatens to fling it down a precipice, unless Z delivers his purse. Z, in consequence, delivers his purse. Here A has extorted the purse from Z, by causing Z to be in fear of instant hurt to the child who is there present. A has therefore committed robbery on Z.
(d) A obtains property from Z by saying “Your child is in the hands of my gang, and will be put to death unless you send us ten thousand rupees”. This is extortion, and punishable as such: but it is not robbery, unless Z is put in fear of the instant death of his child.
Source: Section 390, Indian Penal Code, 1860
Section 390 IPC in Simple Words
Section 390 of the Indian Penal Code (IPC) defines the offence of robbery. The section establishes that in all robbery there is either theft or extortion.
Theft becomes robbery when the offender, in order to commit theft, in committing it, or in carrying away stolen property, for that end voluntarily causes or attempts to cause death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint. Extortion becomes robbery when the offender, being in the presence of the person put in fear, puts that person in fear of instant death, instant hurt, or instant wrongful restraint and thereby induces immediate delivery of the extorted property.
Section 390 IPC defines the offence without prescribing a penalty; punishment for robbery is enacted in Section 392 to Section 394 IPC.
Ingredients of Section 390 IPC
- For theft to become robbery: theft is committed or attempted, or the offender carries away or attempts to carry away property obtained by the theft
- For that end, the offender voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint
- For extortion to become robbery: the offender is in the presence of the person put in fear
- The offender commits extortion by putting that person in fear of instant death, instant hurt, or instant wrongful restraint, inducing immediate delivery then and there
Punishment Under Section 390 IPC
None. Section 390 IPC defines robbery and prescribes no penalty of its own. Robbery is punished under Section 392 IPC, or under Section 393 and Section 394 IPC for attempt or voluntarily causing hurt.
None under Section 390 IPC. Liability to fine is provided in the punishing sections, beginning with Section 392 IPC.
Section 390 IPC defines when theft or extortion becomes robbery without prescribing a punishment of its own. Punishment for robbery is provided under Section 392 to Section 394 IPC.
Example of Section 390 IPC
When Section 390 IPC Does Not Apply
- Section 390 IPC does not apply to a theft where the offender neither causes nor attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint.
- Section 390 IPC does not apply when hurt or wrongful restraint is caused during an unrelated dispute rather than for the purpose of committing theft or carrying away stolen property.
- Section 390 IPC does not apply to an extortion where the offender is not sufficiently near the victim to put them in fear of instant death, instant hurt, or instant wrongful restraint.
- Section 390 IPC does not apply to an extortion where the threat is of future injury rather than instant death, instant hurt, or instant wrongful restraint inducing immediate delivery.
Section 390 IPC in the BNS
Section 390 IPC is now covered under Section 309 BNS.
Section 390 IPC corresponds to sub-sections 1 to 3 of Section 309 BNS. The definition of robbery and its illustrations are carried over without change.
View detailed comparison (IPC 390 vs BNS 309) →FAQs on Section 390 IPC
What does Section 390 IPC define?▼
It defines robbery, establishing that in all robbery there is either theft or extortion, made robbery by causing or attempting to cause death, hurt, or wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint.
Does Section 390 IPC prescribe a punishment?▼
No. Section 390 IPC is an explanatory definition. Robbery is punished under Section 392 to Section 394 IPC.
When does theft become robbery under Section 390 IPC?▼
Theft becomes robbery if the offender, in order to commit theft, in committing it, or in carrying away stolen property, voluntarily causes or attempts to cause death, hurt, wrongful restraint, or fear of instant death, instant hurt, or instant wrongful restraint.
When does extortion become robbery under Section 390 IPC?▼
Extortion becomes robbery if the offender is in the presence of the person put in fear, puts that person in fear of instant death, instant hurt, or instant wrongful restraint, and induces immediate delivery of the property then and there.
When is an offender considered to be in the presence of the person under Section 390 IPC?▼
The Explanation provides that the offender is present if sufficiently near to put the other person in fear of instant death, instant hurt, or instant wrongful restraint.
Is Section 390 IPC bailable and cognizable?▼
Section 390 IPC has no entry in the First Schedule to the CrPC because it defines the offence. The classification is governed by the punishing section, Section 392 IPC, which is cognizable and non-bailable.
Under Section 390 IPC, which court tries an offence of robbery?▼
Under Section 392 IPC, robbery is triable by a Magistrate of the first class.
Where is Section 390 IPC codified in the Bharatiya Nyaya Sanhita?▼
It is codified in sub-sections 1 to 3 of Section 309 BNS.
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Sources: Bare Act Text, Indian Penal Code, 1860 · Last updated: 16 Oct 2026 ·